Georgia House of Representatives - 1995/1996 Sessions

HR 25 - Crim sentences; appellate & habeas corpus review; time limit - CA

Page Numbers - 1/ 2

1. Hembree  98th          2. Snelling  99th          3. Lewis  14th
4. Barnard  154th         5. Brown  130th


House Comm: SJudy      /                Senate Comm:            /               
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays              
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/9/95   Read 1st Time                                            
              1/10/95  Read 2nd Time                                            
              1/24/95  Unfavorably Reported                                     
              ----------------------------------------                          
Rules Suspended to Introduce                                                    
                                                                                
Code Sections amended:                                                          


HR 25                                             LC 14 6341






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to limit
  1- 2  the time period for appellate and habeas corpus review of
  1- 3  criminal sentences to two years; to provide for related
  1- 4  matters; to provide for submission of this amendment for
  1- 5  ratification or rejection; and for other purposes.

  1- 6       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 7  Article I, Section I of the Constitution is amended by
  1- 8  striking Paragraph XV and inserting in its place a new
  1- 9  Paragraph to read as follows:

  1-10      "Paragraph XV. Appellate review of criminal sentences
  1-11    and habeas corpus. Habeas corpus.  (a) T
  1-12    for appellate review of a criminal sentence shall not
  1-13    exceed two years from the date on which the sentence is
  1-14    entered. If appellate review is not completed within such
  1-15    two-year period, the sentence shall stand affirmed and may
  1-16    not thereafter be disturbed by any court of this state.

  1-17      (b) The period of time for habeas corpus review of a
  1-18    criminal sentence shall not exceed two years from the date
  1-19    on which the sentence is entered. No petition for habeas
  1-20    corpus review of a criminal sentence shall be entertained
  1-21    by any court of this state after the expiration of such
  1-22    two-year period; and any pending proceeding for habeas
  1-23    corpus review of a criminal sentence which has not been
  1-24    completed at the expiration of such two-year period shall
  1-25    stand dismissed.

  1-26      (c) The provisions of subparagraphs (a) and (b) shall
  1-27    apply according to their terms to sentences entered on or
  1-28    after January 1, 1997, and shall also apply to previously
  1-29    entered sentences, except that the maximum two-year period
  1-30    for appellate or habeas review of a previously entered
  1-31    sentence shall begin on January 1, 1997.

  1-32      (d) Except as otherwise provided in this Paragraph, the
  1-33    The writ of habeas corpus shall not be suspended unless,




                                 -1- (Index)

                                                  LC 14 6341

  2- 1    in case of rebellion or invasion, the public safety may
  2- 2    require it."

                         SECTION 2.

  2- 3  The above proposed amendment to the Constitution shall be
  2- 4  published and submitted as provided in Article X, Section I,
  2- 5  Paragraph II of the Constitution.

  2- 6  The ballot submitting the above proposed amendment shall
  2- 7  have written or printed thereon the following:

  2- 8    "(  ) YES Shall the Constitution be amended so as to
  2- 9              limit the time period for appellate and habeas
  2-10     (  ) NO  corpus review of criminal sentences to two
  2-11              years?"

  2-12  All persons desiring to vote in favor of ratifying the
  2-13  proposed amendment shall vote "Yes."  All persons desiring
  2-14  to vote against ratifying the proposed amendment shall vote
  2-15  "No."

  2-16  If such amendment shall be ratified as provided in said
  2-17  Paragraph of the Constitution, it shall become a part of the
  2-18  Constitution of this state.


























                                 -2- (Index)